Patna High Court
Sanjay Sahani @ Sanjay ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied anticipatory bail to the petitioner.
Summary
Petitioner Sanjay Sahani sought anticipatory bail fearing arrest in a case (PS No. 436 of 2025) for alleged offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, relating to the recovery of 100 litres of liquor from a river. The prosecution’s case is based on a disclosure by a local chowkidar, while the petitioner claims he has no involvement and points to a lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The petitioner also has three prior criminal convictions of a similar nature. The State opposed bail, arguing the antecedents warrant denial. The High Court, considering the antecedents and the absence of a prima facie case, refused anticipatory bail but indicated that regular bail could be considered if the petitioner surrenders within four weeks.
Issues considered
- What is the appropriateness of granting anticipatory bail to a petitioner with three prior similar criminal convictions?
- Whether the prosecution has established a prima facie case under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Sections 30(a), 41 of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes anticipatory bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
Subjects
- anticipatory bail
- criminal antecedent
- liquor seizure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90598 of 2025
Arising Out of PS. Case No.-436 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Sanjay Sahani @ Sanjay Chaudhary S/o Wakil Sahani Resident of Village-
Majhariya, Police Station- Raghunathpur, District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection
with Banjariya PS Case No. 436 of 2025 instituted for the
offences under Sections 274 & 275 of the Bharatiya Nyaya
Sanhita, 2023 and Sections 30(a) & 41 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 100
litres of liquor was recovered from the bank of river.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.90598 of 2025(2) dt.19-01-2026
2/3
The name of the petitioner transpired in this case on the basis of
disclosure made by local chowkidar. The petitioner has got no
concern with the alleged recovery of liquor. The petitioner has
three criminal antecedent. There is no compliance of Section
103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned
counsel for the petitioner, therefore, contends that prima-facie
no case is made out against the petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner. It is submitted that
petitioner bears three criminal antecedent/s, that too of the
similar nature, hence, petitioner does not deserve the privilege
of anticipatory bail.
6. Considering the aforesaid facts and circumstances
of the case and specifically taking into account the fact that
petitioner bears three criminal antecedent/s, that too of the
similar nature, this Court is not inclined to grant anticipatory
bail to the petitioner. Prayer for grant of anticipatory bail to the
petitioner is hereby rejected.
7. However, if the petitioner surrenders before the
court below within a period of four weeks from today and prays
for regular bail, the same would be considered by the court
below in accordance with law without being prejudiced by the
Patna High Court CR. MISC. No.90598 of 2025(2) dt.19-01-2026
3/3
order of this Court.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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